Township of Robbinsville, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 92-20 (§ 19-1 of the 2001 Code)]
Pursuant to the Recycling Act,[1] each resident of the Township of Robbinsville shall be required to comply with the recycling plan of the Township of Robbinsville, adopting the Mercer County Recycling Plan to meet the state-mandated recycling goals. To effectuate and implement the Robbinsville Township Recycling Plan, it is hereby required that the following be complied with.
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 et seq., the New Jersey Statewide Mandatory Source Separation and Recycling Act.
A. 
The Township hereby adopts this article to provide for recycling within its borders pursuant to the Recycling Act and Mercer County Recycling Plan as revised as its official municipal recycling program.
B. 
All municipal contracts for solid waste collection and/or disposal within the Township shall be consistent with this article and the Mercer County Source Separation and Recycling Plan.
C. 
The Township shall heretofore provide for a collection system for leaves generated from residential premises, prohibit the placement of leaves for collection or disposal as solid waste, and require that persons occupying residential premises within its municipal boundaries source separate leaves from solid waste generated at those premises and, unless leaves are stored or recycled for composting or mulching by the generator, place the leaves for collection by the Road Department (schedule and specifics to be provided via advertising and mailing to residents).
D. 
The Township may deliver tires to the existing transfer station or such site as designated by the Mercer County Improvement Authority for transfer to a tire recycler.
E. 
Public notice of requirements.
(1) 
The Township shall, at a minimum, within 30 days after the adoption of this article at least once every six months thereafter, notify all persons occupying residential, commercial, and institutional premises within these municipal boundaries of recycling opportunities, and the source separation requirements of its ordinance and the Mercer County Source Separation and Recycling Plan ("plan"). The municipalities shall inform residents concerning collection schedules and other aspects of recycling at a minimum twice a year.
(2) 
In order to fulfill the notification requirements of this subsection, this municipality may, in its discretion, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers, or any combination thereof, as the municipality deems necessary and appropriate.
(3) 
At least once monthly, the Improvement Authority shall be informed in writing of the manner in which residents were notified.
F. 
Master Plan revisions.
(1) 
The Township of Robbinsville shall, pursuant to N.J.S.A. 13:1E-99.16(c), within 30 days of the effective date of this article, and at least once every 36 months, conduct a review and make necessary revisions to the Master Plan and development regulations adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), which revisions shall reflect changes in state, county and municipal policies and objectives concerning the collection, disposition and recycling of designated materials.
(2) 
The revised Master Plan shall include provisions for the collection, disposition, and recycling of recyclable materials designated in this article, and for the collection, disposition and recycling of designated recyclable materials within any development proposal for the construction of 50 or more units of single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land.
G. 
Permits for construction and demolition work, as well as road opening permits, shall be required to specify the quantity of materials recycled, where they shall be taken and how they will be handled.
A. 
All residents within the Township of Robbinsville, in areas designated for recycling collection, shall separate for curbside collection on designated collection days and such additional days as may be designated by the Mercer County Improvement Authority, those materials designated in the Mercer County Source Separation and Recycling Plan for curbside collection as listed below and shall do so in the manner prescribed by the Mercer County Improvement Authority. In addition, residents shall be required to recycle all designated materials not collected as part of the Improvement Authority's curbside program in the manner designated by the municipality.
B. 
Categories of recyclables.
(1) 
All residents shall recycle, or cause to be recycled, at a minimum the following categories of recyclables:
(a) 
Paper, including:
[1] 
Newspapers.
[2] 
Magazines.
[3] 
Corrugated cardboard.
(b) 
Clear, green, and amber glass food and beverage containers.
(c) 
Aluminum food and beverage containers.
(d) 
P.E.T. beverage and H.D.P.E. beverage and laundry detergent containers.
(e) 
Tin-plate steel containers.
(f) 
Bimetal containers.
(g) 
Tires.
(h) 
Vehicle batteries.
(i) 
White goods.
(j) 
Leaves.
(k) 
Grass.
(l) 
Used motor oil.
(m) 
Ferrous automotive scrap.
(2) 
The following materials are collected through the Improvement Authority's residential collection programs: glass, aluminum, plastic, tin-plate steel, and bimetal containers and paper as identified in items Subsection B(1)(a) through (f) above. Private contractors servicing multifamily complexes within the Township of Robbinsville are required to collect for recycling, at a minimum, the same materials as collected through Improvement Authority residential collection programs.
(3) 
As part of the Mercer County Source Separation and Recycling Plan the Township of Robbinsville shall provide all residents a means to recycle items designated in the plan and shall provide for collection of items designated in this plan not collected curbside by the Improvement Authority in the following manner:
(a) 
Items in Subsection B(1)(g) and (j): curbside pickup by the Road Department.
(b) 
Items in Subsection B(1)(h) and (k): curbside pickup by the garbage hauler.
(c) 
Item in Subsection B(1)(l): taken to designated drop-off points by residents.
(d) 
Items in Subsection B(1)(h) and (m): disposed of by individuals or businesses.
C. 
Any and all persons having been found to have violated the provisions of the recycling plan of the Township of Robbinsville will be assessed warnings, penalties and fines pursuant to § 220-6.
D. 
At the time of placement of recyclable materials designated for collection by the recycling plan of the Township of Robbinsville at the curb or streetside of residential units, the material shall be considered the sole property of the Mercer County Improvement Authority.
E. 
Collections from multifamily complexes.
(1) 
Materials collected from multifamily complexes by private contractors shall be the property of the private contractor. Private contractors servicing multifamily complexes shall provide monthly reports to the municipality on total tonnages recycled from all multifamily complexes serviced by the private contractor within the municipality. On or before January 31, private contractors shall file tonnage reports with the Improvement Authority giving annual totals for tonnages recycled and markets for individual materials, along with documentation for those tonnages and markets.
(2) 
It shall be the responsibility of the landlord, building owner, property manager, and/or private association to ensure that recycling collection services are provided to residents of multifamily complexes and that sufficient space is provided for collection and storage of materials designated for recycling in this plan.
(3) 
It shall be the responsibility of the landlord, building owner, property manager, and/or private association to inform both current and new residents, at a minimum annually of the manner, time, and place for collection of recyclable materials.
F. 
Any resident may donate or sell designated recyclable materials to any person, whether operating for profit or not-for-profit, provided that the receiving person may not perform curbside collection of designated recyclable materials unless authorized by the Improvement Authority to do so.
A. 
Effective with the adoption of this plan, all commercial, industrial, and institutional establishments location with the Township shall recycle, or cause to be recycled, the following categories of recyclables if a waste audit determines they are present in the waste stream. The Improvement Authority may, in its discretion, add additional materials to the list of designated recyclables, if it determines markets for those materials are available to the commercial/industrial/institutional sector.
(1) 
Paper, including:
(a) 
Acceptable mixed paper.
(b) 
Corrugated cardboard.
(c) 
Office paper.
(2) 
Clear, green, and amber glass food and beverage containers.
(3) 
Aluminum food and beverage containers.
(4) 
Tin-plate steel containers.
(5) 
Bimetal containers.
(6) 
P.E.T. beverage and H.D.P.E. beverage and laundry detergent containers.
(7) 
Tires.
(8) 
Vehicle batteries.
(9) 
White goods.
(10) 
Leaves.
(11) 
Grass.
(12) 
Used motor oil.
(13) 
Ferrous automotive scrap.
B. 
All commercial, industrial, institutional establishments located within the Township shall have submitted a source separation recycling plan to the Mercer County Improvement Authority to meet the State recycling mandates identifying or incorporating the following:
[Amended 8-30-2005 by Ord. No. 2005-29]
(1) 
All waste material generated, listed by type; and
(2) 
All volumes of these waste categories currently recycled.
(3) 
Any agreement with any solid waste or recycling collection contractor for the recycling of source-separated designated materials as defined in the district recycling plan.
(4) 
A description of current or proposed recycling efforts for designated materials.
(5) 
The name of the person responsible for the recycling plan.
C. 
Waste audit.
(1) 
Commercial/industrial/institutional establishments shall submit updated recycling plans, including a waste audit, to the Improvement Authority according to the following schedule:
(a) 
Facilities with more than 500 employees: by December 31, 1992.
(b) 
Facilities with 250 to 499 employees: by December 31, 1993.
(c) 
Facilities with 100 to 249 employees: by December 31, 1994.
(d) 
Facilities with less than 100 employees: by December 31, 1995.
(2) 
Recycling plans shall be updated once every two years from date of approval of the waste audit.
D. 
All commercial/industrial/institutional establishments required to submit a recycling plan under this article may, at their option, submit a joint recycling plan with any other entity or entities, whereby a common hauler and/or collection point for common pickup is set forth. However, each commercial/industrial/institutional establishment shall submit a plan identifying that they are part of this joint plan and shall attach a copy of same, incorporating it by reference. All joint plans must name all plan participants and designate a coordinator for the joint plan. If a joint plan is filed, the person or entity serving as coordinator shall be required to file tonnage reports with the Improving Authority. It shall be the responsibility of the joint plan coordinator to update the list of participants, if necessary, at the time of filing of recycling tonnage reports.
E. 
New commercial/industrial/institutional establishments commencing operations in the Township of Robbinsville after January 1, 1991, shall submit a recycling plan within six months of commencement of operations. An extension of time for plan submittal and/or plan implementation of up to 90 days may be granted by the Improvement Authority on request. Justification for such a request shall be submitted to the Improvement Authority in writing and shall be verified as necessary or justified.
F. 
Commercial/industrial/institutional establishments shall file tonnage reports with the Improvement Authority annually with documentation on materials claimed for recycling. Reports are due on or before January 31 of the year following the end of the reporting period, which is December 31. The Improvement Authority reserves the right to establish more frequent reporting periods should the New Jersey Department of Environmental Protection require more frequent reporting.
G. 
Commercial/industrial/institutional establishment whose waste is collected through a municipal collection system shall be part of the municipal collection system for recyclables. All establishments participating in the curbside collection program shall be required to recycle designate materials not collected curbside if a waste audit determines their presence in the waste stream.
H. 
All persons leasing commercial/industrial/institutional space to tenants shall annually inform such tenants of their responsibilities for recycling under the terms of this plan.
I. 
At the time of placement of recyclable materials designated for collection by the plan at the curb or streetside of commercial/industrial/institutional establishments, the material shall be considered the sole property of the Mercer County Improvement Authority and shall be considered a conscious contribution to the County Recycling System for collection by the Mercer County Improvement Authority or its agent.
J. 
Any commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Recycling Plan and this article. The failure to submit the plan or comply with same or any regulations therein, shall subject the commercial/industrial/institutional establishment to penalties set forth in this article.
K. 
Pursuant to the Recycling Act, the Township of Robbinsville shall have the right to exempt persons occupying commercial, industrial and institutional premises within its boundaries from the source-separation requirements of this article if those persons have otherwise provided for the recycling of recyclable materials designated in this article from solid waste generated at those premises. Such exemptions shall, however, not be effective until such time as approved with a formal plan amendment by Mercer County related thereto. The Township of Robbinsville shall annually submit to the Mercer County Improvement Authority a list of those exemptions under this subsection and the results of its determination with an explanation for the action. To be eligible for an exemption pursuant to this subsection, a commercial or institutional solid waste generator shall annually provide written documentation to this municipality and the Mercer County Improvement Authority of the total number of tons recycled. Persons occupying commercial and institutional premises exempted under this subsection shall not be exempted from the reporting provisions of Subsection C of this section.
L. 
Upon failure of a commercial/industrial/institutional establishment to meet the source separation recycling provisions of this amended plan and/or the provisions of this article, and/or the provisions of the Mandatory Recycling Act, if not otherwise exempted, the municipality and/or Improvement Authority shall cause to be provided the recycling service, and all fees and costs for providing the recycling service shall be paid to the municipality in which the commercial establishment is located.
M. 
Any commercial/industrial/institutional recycling plan shall be consistent with those terms, conditions and goals set forth in the Mercer County Source Separation and Recycling Plan and this article. The failure to submit the plan or comply with the same shall subject the commercial/industrial/institutional establishment to penalties as set forth in this article.
A. 
The enforcement of the recycling plan of the Township of Robbinsville shall be provided individually and severally by the Township with regard to enforcement of this article, and/or the Mercer County Improvement Authority and/or the New Jersey Department of Environment Protection.
B. 
The Township hereby designates the Recycling Coordinator, who shall be named by resolution, as liaison with the Mercer County Improvement Authority for the enforcement of this article.
A. 
Residents.
(1) 
Any resident of the Township of Robbinsville who is found to have violated the provisions of this article shall be subject to the following procedures and penalties:
(a) 
Three warnings with cessation in collection of garbage containing recyclable materials from the household until recyclables are removed from garbage.
(b) 
A penalty per day of violation as provided in Chapter 1, Article II, General Penalty, depending upon the extent and circumstances of the violation to be assessed pursuant to the Recycling Act, the Mercer County Source Separation and Recycling plan, and this article.
B. 
Commercial/industrial/institutional establishments.
(1) 
Failure to submit a recycling plan or have an approved recycling plan in place as required by this article shall subject the commercial/industrial/institutional establishment to penalties as provided in Chapter 1, Article II, General Penalty, per day until plan submittal requirements are met.
(2) 
Any commercial/industrial/institutional establishment located within Mercer County found to have violated their required recycling plan as submitted to the county pursuant to § 220-6 shall be subject to the following procedures and penalties.
(a) 
A warning on the first three occasions and cessation of waste collection; thereafter
(b) 
Penalties as provided in Chapter 1, Article II, General Penalty, per day of violation depending upon the extent of circumstances of the violation and the size of the violating establishment to be assessed pursuant to the Recycling Act, the County Recycling plan and this article.
This article shall constitute the adoption and approval of the Mercer County Source Separation and Recycling Plan as set forth in the amendment to the Mercer County Solid District Solid Waste Management Plan.